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Under investigation for misconduct - could I be dismissed for a driving offence?

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  • Comms69
    Comms69 Posts: 14,229 Forumite
    10,000 Posts Third Anniversary Name Dropper
    I'm confused by a couple of things. So I'll start at the beginning.


    Did you plead guilty?


    Assuming you did then obviously the only appeal you can lodge is against the sentence, not the offence.


    The sentence was absolutely in-line with the guidelines, so you're appeal is the exceptional circumstances. But I don't see any of those.


    The totting up ban was fair, as to be honest you'd been caught 4 times. And presumably in circumstances where a speed awareness course wasn't deemed appropriate.


    When you left court you were disqualified. You drove otherwise than in accordance with a licence; as well as without insurance. I mean in essence you stuck two fingers up to the court.


    It's far from ideal. I would suggest that you plead for a final opportunity with work. Because in essence you have 6 offences in the space of a few years - it doesn't look good to them as a responsible person.


    At this stage it's damage limitation, so you should plead mercy.
  • Brian12389
    Brian12389 Posts: 12 Forumite
    I fully concur - there are mitigating circumstances to the points tally - 6 points for failing to respond to the first speed offence just under 3 years ago. I was offered a speed awareness course for the 3rd and final offence but arrived 1 minute late and was refused entrance and another opp to rebook. That said you are fully right in what you say. I’m just gutted I’ve made this thoughtless error of judgement. I was just trying to establish what the circumstances may be with work and any advice.
  • System
    System Posts: 178,344 Community Admin
    10,000 Posts Photogenic Name Dropper
    Brian12389 wrote: »
    I was under the impression I could still drive whilst appealing. I left court and then drove to the meeting, I could have caught the train.


    Possibly the daftest move I've ever heard of in the my life!! I'd ban you for 12 months just because you sound like you haven't got the mental capacity to control a car.:rotfl:
    This is a system account and does not represent a real person. To contact the Forum Team email forumteam@moneysavingexpert.com
  • Brian12389
    Brian12389 Posts: 12 Forumite
    Thank you - I’m sure the line manager would not want to dismiss me as I am a valued employee - however I feel they may have to following advice from HR and/or facilities as I have acted irresponsibly :-(
  • eamon
    eamon Posts: 2,321 Forumite
    Part of the Furniture 1,000 Posts Photogenic
    Assuming that you are in one of the CS unions then your first job tomorrow is to make contact and get a meeting set up. Don't leave anything out, in fact tonight do a time line chart of all the events. They will defend your interests to the best of their ability.



    Cumulative speeding points and consequent totting up bans are hard to defend thought every so often the press will highlight a person with a minor cricket score of points and still driving. They are the exceptions.
  • Gavin83
    Gavin83 Posts: 8,757 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    eamon wrote: »
    Cumulative speeding points and consequent totting up bans are hard to defend thought every so often the press will highlight a person with a minor cricket score of points and still driving. They are the exceptions.

    That's normally because the person needs their car for their livelihood. That doesn't appear to be the case here, he just chooses to drive rather than get the train.
  • M_Python
    M_Python Posts: 176 Forumite
    Brian12389 wrote: »
    Thank you - I’m sure the line manager would not want to dismiss me as I am a valued employee - however I feel they may have to following advice from HR and/or facilities as I have acted irresponsibly :-(

    Please don't fall into the 'I am indispensable' trap.

    To have been caught speeding four times would indicate that you do not learn from your mistakes!

    If I were you, I'd be dusting off your CV and updating it as I fear you are likely to need it.
  • TELLIT01
    TELLIT01 Posts: 17,984 Forumite
    Tenth Anniversary 10,000 Posts Name Dropper PPI Party Pooper
    Brian12389 wrote: »
    Hi, I’ve worked in the civil service for 20 plus years with an exemplary record. In the last 5 years I have had to travel to various gov depts and we can hire cars through enterprise to do this. I choose to do so as much cheaper than train and saves the public purse. I’ve managed to rack up 4 speeding offences - each time through work.


    No it's not through work, it's from you ignoring speed limits. Nothing more, nothing less. You may only have to inform your employer if you have been banned from driving, but car hire companies may also need to be informed if you have points on your licence. Were they informed? Loss of licence won't cause hardship as you have already said you could use the train. It will cause inconvenience.
  • Brian12389
    Brian12389 Posts: 12 Forumite
    Thanks for your thoughts everyone - I agree it’s likely I will be dismissed which will be catastrophic - so will hand in my notice tomorrow
  • jonnygee2
    jonnygee2 Posts: 2,086 Forumite
    1,000 Posts Second Anniversary Name Dropper Combo Breaker
    Possibly the daftest move I've ever heard of in the my life!! I'd ban you for 12 months just because you sound like you haven't got the mental capacity to control a car.:rotfl:

    Couldn't agree and more! I mean - suspended from driving - you'd think that was pretty clear?! If you could drive just because you were thinking about appealing it wouldn't be a very effective ban, would it?

    Seriously, it could be very tough to convince the employer this was not a deliberate act of deceit. Driving for work while suspended seems like a pretty serious issue. I think I'd be preparing for the worst on this one.

    I guess the best you can do is state your case, claim (extreme) ignorance, and hope?
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